High Courts Weekly Round Up

Allahabad High Court Held that a Government servant is not entitled to full pension/death cum-retirement gratuity on/or during pending disciplinary/judicial proceedings against the government servant.Acquitted a couple in a murder case, one of whom was sentenced to death by the Trial Court. The High court observed that the involvement of the couple in the case appears to be doubtful and he is entitled for benefit of doubt and the possibility of the incident having being taken place in some other manner by more persons cannot be completely ruled out.Held that forcible sex, unnatural or natural, is an illegal intrusion in the privacy of the wife and amounts to cruelty against her. The division bench comprising of Justice Shashi Kant Gupta and Justice Pradeep Kumar Srivastava upheld a district court order allowing the divorce plea filed by a wife. Bombay High Court Granted relief to GlaxoSmithKline Consumer Healthcare Ltd, which owns the Sensodyne toothpaste brand, and allowed the company to release its stock in the market after its sale was put on hold last year by the State Food and Drug Administration (FDA).On the day of the counting of votes in the Lok Sabha elections of 2019, dismissed a petition filed by the Nagpur Shahar Congress Committee and Congress party's candidate from Nagpur, Nana Patole seeking directions to the Returning Officer (RO) to allow the candidate himself or his agent on the table of the Assistant Returning Officers (ARO).Held that a Government servant is not entitled to full pension/death cum-retirement gratuity on/or during pending disciplinary/judicial proceedings against the government servant. Calcutta High Court Terming the police action against lawyers in Howrah Court premises "unprecedented, crude and barbaric", the High Court appointed former HC judge Justice K J Sengupta as one-man commission to enquire into incident. The order was passed by a bench of Justices Biswanath Somadder and Arindam Mukherjee in the suo moto proceedings initiated by the High Court in the wake of untoward incidents which occurred in the premises of the Howrah District Sadar Court complex on 24th April, 2019, when police personnel allegedly entered into court premises and assaulted lawyers. Chhattisgarh High Court Held in Madan Tiwari v. Yashwant Kumar Sahu & Anr that dishonour of cheque issued for discharge of later liability is clearly covered by the Negotiable Instrument Act, 1881. Delhi High Court Vacated its order that stayed the appointment of Dr. Rajiv Mani, Joint Secretary & Legal Advisor, Department of Legal Affairs, Ministry of Law & Justice as the custodian of the undertakings of the International Centre for Alternative Dispute Resolution. Sought JNU's response on a plea by several women students seeking early hearing on a contempt petition filed against the varsity and a professor who is accused in a sexual harassment case.Held in Vikas Bhutani v. State & Anr that maintenance awarded to a wife is not a bounty and it is awarded to her for her survival. Bench of Justice Sanjeev Sachdeva was considering the question whether maintenance should be awarded from the date of the application or that of the order.Issued notice to the Election Commission of India in a petition seeking banning of political parties with religious, ethnic, linguistic or casteist connotations.Ordered compensation of Rs. 50 lakhs each to the legal heirs of two doctors and a nurse who were killed in an air ambulance crash in 2011.Directed the police to consider allowing lodging of FIRs through SMS, email and WhatsApp in case of missing persons to prevent loss of time and ensure speedy investigation. Himachal Pradesh High Court Quashed the FIR lodged against Actor Jeetendra on the complaint by his cousin alleging sexual harassment by him in the year 1971. Kerala High Court Considered for admission a public interest litigation for taking action against actor Mohanlal in a case relating to possession of ivory tusks.Observed that a Magistrate cannot invoke Section 258 of the Criminal Procedure Code to stop proceedings merely because the accused had absconded or that despite the initiation of coercive proceedings, his presence could not be secured.Observed that though the photographs may reflect that the couple were in a happy mood, but it does not mean that the couple was leading a happy married life.Quashed criminal proceedings against a rape accused who married the victim. Madras High Court Rapped actor-politician Kamal Haasan for his Hindu extremist remark on Monday, observing that identifying a criminal with a religion, caste or race would definitely sow the seeds of hatred among people.Madurai Bench of the High Court directed for allotment of the medical seat to petitioner, who is physically challenged and has a...

High Courts Weekly Round Up

Ashok Kini

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